Now you need a Domain...

Discussion in 'Domain Names' started by WACMan, Nov 28, 2006.

  1. Dave Zan

    Dave Zan Well-Known Member

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    #21
    Good luck to the internet world trying to define that.

    And no, I don't agree parking domain names should be imposed a fee. Except
    infringing someone's trademark rights and complying with my registrar's legal
    fine prints, I have a right to do anything with the domain names I registered
    and paid for as I please.

    I don't appreciate anyone dictating their "rights" over mine, especially if they
    can't demonstrate any legitimate enforceable ones.
     
    Dave Zan, Dec 1, 2006 IP
  2. solid7

    solid7 Well-Known Member

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    #22
    Everyone is always talking about their "rights". Rights are completely arbitrary, and mean different things to different people. When you are bent on seeing things from your own perspective, your "rights" will always trump those of others.

    The domain, in my case, is a moniker. I am known by this name to many people within my niche. Yet, someone is squatting this name, for no real or implied benefit, other than to sell the name. So what do you say if I brand or trademark the moniker? Then does it make it "better" if I push the issue after I've done so? The law (in many countries) seems to favor the domain seeker, vs. the domain holder.

    Would that be a violation of your "rights"?

    I don't see it so much as a matter of "rights", as something that just hasn't been addressed.

    A "right" is something that you are guaranteed, almost as life, itself. I don't see that being the case here. This is something that could be easily corrected.
     
    solid7, Dec 2, 2006 IP
  3. Dave Zan

    Dave Zan Well-Known Member

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    #23
    I agree with that.

    Now I know I have a right to do anything with the domain name as I please,
    just as others here have the right to demand I turn it over just because I am
    not "using it". But that's why I said one needs to be able to demonstrate any
    legitimate enforceable rights
    , based on what any applicable law allows.

    So far there are at least 2 that apply to domain names: trademark laws and
    that of your registrar's service agreement. Any other law is only applicable in
    in the country where it's enacted (e.g. Truth In Domain Names Act - US).

    Note also that domain names are results of your registrar's service agreement.
    Those service agreements indicate what your rights are, but they give very
    very few for 3rd parties.

    And one retains rights to the domain name as long as they continually renew
    their service agreement, their online contract, with their registrar. If I don't
    renew it on time, I lose all rights to the domain name no matter what I feel
    about it.

    While I know my rights are arbitrary, I've yet to know anyone in authority to
    indicate what other "rights" domain name registrants and 3rd parties have in
    regards to domain names they fancy on. Emphasis on the latter.

    By the way, securing a trademark for the domain name-sake is no assurance
    you'll be able to get the domain name you want. At least one party attempted
    that, but they got a reverse domain hijacking ruling against them.

    And let's not forget that CNO domain names, at the very least, are first-come
    first-served. Can't argue that.
     
    Dave Zan, Dec 3, 2006 IP